COSTA v. WORKERS' COMP. APPEALS BD.

No. G022181.

77 Cal.Rptr.2d 289 (1998)

65 Cal.App.4th 1177

Tony COSTA, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, California Casualty Indemnity Exchange et al., Respondents.

Court of Appeals of California, Fourth District, Division Three.

July 30, 1998.


Attorney(s) appearing for the Case

Baziak and Martin, and Thomas F. Martin, Santa Ana, for Petitioner.

William A. Herreras, Victor J. Van Bourg, Oakland, Ellyn Moscowitz, Ana Heim, Rose, Klein & Marias, and David A. Rosen, Los Angeles, Ian Herzog, Santa Monica, Leonard Sacks, Granada Hills, Bruce Broillet, Santa Monica, Thomas Stolpman, Long Beach, Robert B. Steinberg, Los Angeles, Roland Wrinkle, Woodland Hills, Gary Paul, Scotts Valley, Steven Klerfield, Harvey Levine, Pleasanton, James Sturdevant, San Francisco, Wayne McClean, Woodland Hills, William Turley, San Diego, Christine Spagnoli, Santa Monica, and LeeAnn Tratten as Amici Curiae on behalf of Petitioner.

Horvitz & Levy, Christina J. Imre and Mitchell C. Tilner, Encino, for Respondents.

Jack R. Onmis, Chino, Lipton, Warnlof, Segal & Hallbauer, and Martin H. Lipton, Walnut Creek, N. Gregory Taylor, Los Angeles, Marcia Scully, Whittier, and John C. Clairday, Los Angeles, Morgan, Lewis & Bockius, Andrew C. Peterson, Los Angeles, and Derek B. Lipscombe, Carroll & Scully, and Charles P. Scully, II, San Francisco, Sherman, Dunn, Cohen, Leifer & Yellig, Victoria L. Bor and Jonathan D. Newman as Amici Curiae on behalf of Respondents.


RYLAARSDAM, Associate Justice.

We granted petitioner Tony Costa's writ of review to decide whether the Workers' Compensation Appeals Board (WCAB) erred by dismissing his application to adjudicate a claim for workers' compensation benefits. The WCAB dismissed the claim on the ground it lacked jurisdiction because petitioner's union and employer agreed to handle employment-related injury claims through an alternative dispute resolution (ADR) procedure authorized by...

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